Akshay @ Kalu v. State of U.P.

Court No. - 23

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9476 of 2018

Applicant :- Akshay @ Kalu Opposite Party :- State Of U.P. Counsel for Applicant :- Dileep Singh Yadav Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard learned counsel for the applicant and learned A.G.A. appearing for the State.

It has been contended by the learned counsel for the applicant that the co-accused Amir @ Tunda has been granted bail by another Bench of this Court on 1.11.2017 in Criminal Misc. Bail Application No.41341 of 2017, a copy of said order has been produced by the learned counsel for the applicant, which is taken on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history. The applicant is in jail since 6.12.2016.

Learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.

Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment , the applicant is entitled to be released on bail in this case.